Paralegal Training Report, 12Th- 15Th November 2013
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Paralegal Training Report, 12th- 15th November 2013 Since the inception of the National Agency for Legal Aid (NALA) in 2010, it has made tremendous efforts in delivery of legal aid services to the most indigent persons in The Gambia. However, financial and human resources constraints coupled with lack of interest by Gambian Lawyers to provide pro bono legal services have immensely affected implementation of legal aid in the country. To bridge this gap, NALA through the support of UNDP, collaborated with the University of The Gambia’s Law Faculty to launch a Paralegal System. 35 students in their 3rd and 4th year at the Law Faculty and who are members of the Law Clinic at the Faculty were trained on Paralegalism from 12th to 15th November 2013. This idea was to enable students of the Law Faculty volunteer their time to assist in legal aid service delivery as they gain practical experience while handling real cases and working closely with lawyers which would be of great value to them once they graduate from the Faculty. Student Paralegals will support the provision of legal aid in the country by conducting intake assessment both at the Law Clinic facilities and at various community outreach programs organized by NALA throughout the country. Where necessary, student paralegals will be attached to the Magistrates Courts and District Tribunals to assist in legal aid and delivery of justice to the indigent persons appearing before these Courts. This initiative will see lawyers cut down the time spent on cases while at the same time provide law students with invaluable legal training as they learn how to assist the poor and marginalized in having better access to justice. Since the Primary aim of the Law Clinic is to go to Court as the last resort, paralegals will assist clients in alternative dispute resolution such as negotiation thereby seeing matters where necessary, settled out of court without the unnecessary delay occasioned by the Court processes. Paralegal Training Report 2013-NALA Page 1 Group Photo of Participants Participants in session Paralegal Training Report 2013-NALA Page 2 A training manual covering the following broad areas was developed by NALA in collaboration with the University of The Gambia Law Faculty;- . Who is a Paralegal; qualities and skills of a good paralegal . Role of a Paralegal looking into the best practices in Africa and expectations in the Gambian context . Human Rights and Access to Justice . The Gambian Legal System . Conducting Legal Research . Paralegal Code of Conduct . How to handle sensitive clients . Relationship between Paralegal and Client and Paralegal and Lawyer . Simulation exercise on role of a paralegal . A panel Discussion by Legal Practitioners on different common areas of practice within the Gambia and how paralegals can be of assistance. The training session commenced by welcoming remarks from the Executive Secretary of NALA Mr. Sanaa Dahaba who informed participants regarding the role of NALA in access to justice and some of the strides NALA has obtained since its inception. He also spoke about the need to strengthen legal aid service delivery through the use of paralegals there being a constraint in financial and human resource. Participants were then asked to list their expectations from the training as well as ground rules to govern them during the training. The first session of day one then kicked off with participants being taken through the meaning of Paralegalism, why paralegals are used in most jurisdictions in the world to promote access to justice and protect human rights and the difference between a paralegal and a lawyer. It was noted that participants were very interactive during this session as they were eager to learn as much as they could. Some participants wanted to know if they could be paid but were informed that the student paralegals will be working as volunteers. Since one of the major constraints NALA has is finances to hire more lawyers, it would not be possible to pay paralegals. Paralegals were urged to consider the value of the enormous experience they would obtain in the course of their work rather than money. They were further informed that accepting Paralegal Training Report 2013-NALA Page 3 money or gifts from clients would amount to gross misconduct one that the faculty will have to take stringent action against. The difference between a Paralegal and a Lawyer was explicitly pointed out and participants were informed that while a Paralegal would be assisting clients to obtain justice through provision of legal advice and intervention with authorities, they cannot provide legal representation in Court as they lack capacity to appear and address the Court since they are barred Legal Practitioners. Participants were asked to list qualities and skills they think would be relevant to Paralegalism. The qualities and skills listed included excellent communication skills; listening skills; interviewing skills; non judgmental; negotiation skills; advocacy skills; report writing skills; research skills; integrity and professional ethics among others. In session two of day 1, roles of paralegals was discussed and the facilitator covered best practices in other jurisdictions with an emphasis on Malawi, Sierra Leone, Uganda, Kenya, South Africa and Ghana and pointed out what would work best in the Gambian context. To culminate day one of the program, facilitators discussed the concept of human rights broadly and access to justice specifically. This was done to bring to the attention of participants the link between access to justice as a fundamental human right and one without which other rights such as one to fair trial cannot be attained. This was also to enable participants appreciate the role of paralegals in access to justice programs within the Gambia and encourage them to volunteer as Paralegals. Day two of the program commenced with a recap of the topics discussed in day one and was facilitated by two participants. It was clear from the responses that participants had grasped most of the areas covered the previous day. The first session of day two was on how to handle sensitive clients especially women and children. Participants were informed that they have to empathize and not be judgmental; exercise patience; avoid being emotional and too involved with the client; avoid asking the client embarrassing questions; ensure safety of the client; reassure the client of confidentiality of the information shared among others. Participants were once again reminded of the need to have a proper introduction as to who they are when they receive a client in their offices. Paralegal Training Report 2013-NALA Page 4 Session two of day two was on legal research. This was essential since Paralegals will be working hand in hand with lawyers where cases have to go to Court and will be assisting lawyers to conduct legal research on the case amongst other things; Paralegals were taken through how to conduct Legal Research within the Gambian context by NALA’s Legal Counsel Ngozi Gbuji. She explained to participants how to use cases previously decided on as precedents in their current case and which cases would be binding on which Courts in The Gambia. She also explained to participants how to conduct research using existing statutes. Participants were given an exercise to conduct a legal research which they adequately did. To conclude day 2, the Solicitor General Honorable V. P Mahouney did a presentation on the Gambian Legal and Judicial System. He spoke of the different laws applied in the Gambia including the 1997 Constitution; Customary Laws; Statutes enacted by the National Assembly; Common laws and principles of equity; Sharia Laws in as far as it pertains to marriage, divorce and inheritance etc, and how these laws would apply to cases within the Gambia. He later covered the judicial structure of the Gambia from the subordinate Courts to the highest Court of the land being the Supreme Court. This session was conducted to enable participants know where to look for the laws and jurisdiction limit of Courts in The Gambia. In view of the fact that Paralegals will be having a relationship with clients, it was agreed that a Code of Conduct should be put in place which all Paralegals must execute and abide by during the course of their work. A discussion on the Code of Conduct instigated day 3 of the Program and participants were given an opportunity to play an important role in setting out some of the rules they wanted to govern them. A conclusive Code of Conduct was developed containing the following; • Confidentiality • Not to accept money or gifts from clients • Due diligence • Duty not to engage in any fraudulent acts Paralegal Training Report 2013-NALA Page 5 • Disclose designation to the client by clearly informing him that you are a paralegal and not a lawyer • Treat each case differently but within the law • Non discrimination of clients based on religion, sex moral beliefs etc • Respect to client, lawyer and colleagues • Professional ethics including; decent dressing at all times, good grooming, time management etc • No plagiarism • Accountability for action and in actions • Honesty to client: Do not make promises to clients regarding their cases. Always inform them that you will handle the case to the best of your capability • Clearly state to the client the need to take notes This was followed by a discussion on the relationship between Paralegals and clients as well as Paralegals and lawyers. Of importance was respect to client as well as the lawyer; time management; being organized and honest at all times. It was pointed out that Paralegals will be the link between clients and other legal aid service providers such as NALA, Female Lawyers Association of the Gambia (FLAG) and Gambia Bar Association (GBA).